Nuisance ex warned he faces jail if he breaches restraining order again

Chesterfield magistrates' court.

Published:09:23Friday 04 November 2016

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A nuisance ex-boyfriend has been warned that if he breaches a restraining order again by contacting his former partner or commits another offence he will go to prison.

Chesterfield magistrates’ court heard on Thursday, November 3, how Leo Charles Straker, 33, of Private Drive, Hollingwood, Chesterfield, breached his restraining order by contacting his former partner with text messages and numerous phone calls.

Straker admitted committing the breach between September 13 and September 26 after the indefinite restraining order had been imposed at Derby Crown Court on June 3.

District Judge Andrew Davison said: “This is a crown court order. There was no actual threat of violence but it is still a breach soon after release.”

He stressed that there was an impact on the complainant and this restraining order had been put in place for life unless there is an application by either party to change it.

Judge Davison added: “I can suspend his sentence if he fully complies and if he does not he will go to prison for the full breach and it will be a crown court sentence for years with a five years’ maximum.”

He also told Straker: “You have probably heard ‘last chances’ before but this really is your last chance.”

Defence solicitor Kevin Tomlinson told the court that Straker has been liaising with a drug worker and arrangements have been made with a drug support team.

He added: “It’s an indication he is motivated and if he does not co-operate he will go to prison and it will be for a significant amount of time.”

District Judge Davison sentenced Straker to a 24 week custodial sentence suspended for 12 months with a 21 day Rehabilitation Activity Requirement and 120 hours of unpaid work.

Judge Davison told him: “If you commit any offences or breach the suspended sentence it will be implemented.”

Straker was also ordered to pay a £115 victim surcharge and £310 costs.

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